Md. Mustkim @ Md. Mostkim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8788 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== MD. MUSTKIM @ MD. MOSTKIM son of Yasim Miyan, resident of village Gopalpu Taraura, P.S. Mushhari, District-Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 341, 323, 325 and 307/34 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that there is allegation against the petitioner of assaulting informant Gulam Mustafa and his son by rod and the injuries are simple in nature. But one injury caused by hard and blunt substance is found to be grievous in nature. There is land dispute between the parties. There is case and counter case between the parties and a Partition Suit is pending between them.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is one injury caused grievous in nature, I am not inclined to grant

Patna High Court Cr.Misc. No.8788 of 2017 (2) dt.02-03-2017 2/2 anticipatory bail to the petitioner, the same is rejected. However, petitioner may surrender in the court below, i.e., learned ACJM cum Sub-Judge-3rd, Muzaffarpur, in connection with Mushahari P. S. Case no. 136 of 2016 and make prayer for regular bail on the submission made above, which will be considered on its own merit and pass appropriate order preferably on the same day without being prejudiced by the order of this Court.

Accordingly, the application is dismissed.

(Vinod Kumar Sinha, J) sudip/- U T